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Liberty Mutual Managed Care, LLC

Rebo v. Liberty Mutual Managed Care, LLC.
Court File No. 1:17-cv-00066

On January 17, 2017, we filed a Fair Labor Standards Act (FLSA) Complaint in federal court in the Eastern District of Wisconsin against Liberty Mutual Managed Care, LLC (“Liberty Mutual”).  The named Plaintiff filed her FLSA claims individually and on behalf of other “similarly situated” employees who worked for the company as utilization management nurses and in similar job positions (collectively “UMNs”) anywhere in the United States during the past three years. The Complaint alleges that Liberty Mutual willfully denied its UMNs overtime pay by improperly classifying them as exempt from the FLSA’s overtime protections. The UMNs in this case seek to recover unpaid back wages and double damages.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

This case was brought on behalf of UMNs who were not paid for the overtime hours they worked.  If you worked for Liberty Mutual as utilization management nurse or in similar job title/position within the last three years and were not paid overtime for the hours you worked over 40 in a week, you are eligible to join this case.  You are eligible to join even if you are/were paid a salary.

Additional Information

How Do I Join This Case?

In order to be included in this lawsuit, complete a consent form and return it to our office. You can also sign up online by clicking here.

Which Locations Are Included?

Past and present utilization management nurses, and others in similar job positions that worked anywhere in the United States, may be included in this lawsuit.

What Time Frame Does This Case Cover?

Under federal law, there is a statute of limitations that allows you to recover overtime pay for hours worked within 2 years of signing up for the lawsuit by sending in a consent form for filing with the Court. If we can prove the company “willfully” violated the law, the statute of limitations may be extended to 3 years from the date you join.

Do I Have To Pay Anything?

You do not have to pay anything to the attorneys if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

You do not need to have documentary proof of the hours you worked to participate in this case. It is our understanding that Liberty Mutual did not require UMNs to complete time records reflecting the actual hours they worked. Under these circumstances where there are no accurate time records, most courts permit the employees to make a “good faith” estimate of the overtime hours they worked. During litigation, we will obtain your good faith estimate and also request that Liberty Mutual provide us with any other documents or evidence reflecting your work hours.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case. Cases like this one typically last about two years.

What About Retaliation?

The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims. If you currently work for Liberty Mutual and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.

How Can I Help?

If you have information that may assist us with this case, including non-confidential documents that relate to unpaid overtime, please contact the clerk, Sherick Francois, at sfrancois@nka.com or directly at (612) 256-3213.

How Do I Learn More?

To learn more about this case, please contact the case clerk, Sherick Francois, at sfrancois@nka.com or directly at (612) 256-3213.

Case Updates

  • March 13, 2019

    Court Rules Utilization Review Nurses Eligible for Overtime Compensation

    Yesterday, a federal court ruled that Liberty Mutual’s utilization review nurses are entitled to overtime compensation because, despite their receiving salaries, Liberty Mutual has failed to show that these nurses meet the requirements of either the Fair Labor Standards Act’s (FLSA’s) administrative or professional exemptions.  This holding is a significant victory for the nurses.  The Judge followed a decision previously obtained by Nichols Kaster, LLP on behalf of other utilization review nurses in Clark v. Centene Co. of Tex., L.P., 656 F. App’x 688 (5th Cir. July 22, 2016)

    Liberty Mutual’s utilization review nurses spend their workdays sitting at computers, reviewing requests for medical services relating to workers compensation.  Last summer, both the nurses and Liberty Mutual filed motions asking the Judge to rule in their favor based on the evidence.  Liberty Mutual argued it properly classified its utilization review nurses as exempt and ineligible for overtime time.  The nurses challenged Liberty Mutual’s defenses by arguing that they do not qualify for the exemptions because, despite holding RN licenses, these nurses do not engage in bed-side clinical nursing.  Their job is to review medical authorization requests against well-established guidelines to determine whether the criteria for medical necessity is met.   The nurses also pointed to standard accreditation guidelines and industry practices that illustrate utilization review work can be performed by lesser-credentialed individuals, such as licensed practice nurses.  Finally, the nurses established that utilization review does not relate the administration of Liberty Mutual’s general business operations or require the nurses exercise discretion and independent judgment with respect to matters of significance.      

    The court agreed with the nurses on all elements of Liberty Mutual’s defenses.  The court found the utilization review process to require the “performance of routine mental . . . work,” and likened it to inspection-type duties, which is traditionally considered non-exempt under the regulations.  The court further found that “Plaintiffs relied on guidelines rather than their own judgement, wisdom, and training to determine whether treatment requests were medically necessary.”  These rulings permit the nurses to obtain backpay at the applicable overtime rate for all hours they worked over forty during relevant workweeks. 

    “Our clients are pleased with the Court’s order, which is premised on a careful analysis of the nurses’ actual job duties,” remarked Rebekah Bailey of Nichols Kaster, PLLP who represents plaintiffs.  “We are looking forward to presenting evidence at trial of the strict production requirements Liberty Mutual imposes upon its utilization review nurses and the very long and stressful hours these nurses work as a result.”

    The court scheduled a telephone conference with the parties on April 1, 2019 to discuss next steps.  A trial date has not yet been set.  The case is styled Rego v. Liberty Mutual Managed Care, LLC, Case No. 17-cv-00066 (E.D. Wis.). 

    Photo by Luis Melendez on Unsplash

  • September 20, 2017

    Liberty Mutual Managed Care, LLC – Unpaid Overtime Lawsuit - Update September 20, 2017

    We filed a motion for conditional certification of this case as a collective action in May of 2017. On August 23, 2017 the Court granted our motion, which allows us to send notice of the lawsuit to everyone who held Utilization Management Nurses (“UMN”) position in the last three years and provide them with an opportunity to make a claim for their overtime pay. The notice was mailed by Dahl Consulting, a third-party administrator, on September 14, 2017.

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